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10 - Memorandum of Agreement for demolition of a dwelling located at 719 3rd Street SWItem No. 10 U VI,�' ",;, � , " :� Im TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Charles Edwards SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PARIS AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER DATE: August 9, 2021 BACKGROUND: The City of Paris participates in the Texas Department of Housing and Community Affairs HOME Program. The City has received and is processing an application from a homeowner located at 719 3`d Street S.W.. The Texas Historical Commission, serving as the State Historic Preservation Officer (SHPO) has determined this property "Eligible for listing in the National Register of Historic Places" due to it being located in a "potential" historic district. STATUS OF ISSUE: The American Commission on Historical Preservation (ACNP) was contacted for consultation, which was declined. A public hearing was also held by the Paris Historical Preservation Commission with no negative comments received regarding the proposed demolition. As such, the City of Paris and the State Historic Preservation Officer wish to enter into this MOA concerning the demolition and disposition of this dwelling. The undertaking consists of the demolition of the dwelling in order to construct a new, safe, healthy and affordable home for a low income resident. BUDGET: N/A RECOMMENDATION: Approve the Memorandum of Agreement regarding the City of Paris' Home HRA Program for the demolition of a dwelling located at 719 Yd Street S.W. MEMORANDUM OF AGREEMENT BETWEEN CITY OF PARIS, AND THE TEXAS STATE HISTORIC PRESERVATION OFFICER REGARDING THE CITY OF PARIS' HOME HRA PROGRAM FOR THE CITY'S DEMOLITION OF A DWELLING LOCATED AT 719 3" STREET SW, PARIS, TEXAS 75460 This Memorandum of Agreement (MOA) is among the City of Paris (City) and the Texas Historical Commission as the State Historic Preservation officer of Texas (SHPO) WHEREAS, the City, as the responsible entity, and the SHPO, as the State Historic Preservation Officer wish to enter this MOA concerning the demolition and disposition of one dwelling located at 719 3' Street SW, Paris, Texas (hereinafter "Dwelling"), and WHEREAS, the City as the Responsible Entity assumes the U.S. Department of Housing and Urban Development's federal agency authority under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and related laws and authorities applicable to the, U.S. Department of Housing and Urban Development (HUD) assisted activities, as provided by the Housing Act and HUD regulations at 24 CFR Part 58; and WHEREAS, the undertaking consists of the demolition of the Dwelling to construct a new, safe, healthy, and affordable home for low income residents; and WHEREAS, the City, in consultation with the SHPO has determined that the Dwelling is eligible for listing in the National Register of Historic Places as contributing to a potential Historic District; and thus its demolition will have an adverse effect on the potential Historic District; and the City has consulted with the SHPO pursuant to 36 C.F.R. part 800, of the regulations implementing Section 106 of the NHPA (54 U.S.C. Section 306108); and WHEREAS, the City provided construction documents for the new dwelling to be constructed at 719 3' Street SW to the SHPO for review and comment; and the SHPO has reviewed and agreed that the design is compatible with and will have no visual adverse effect on the surrounding historic district; and WHEREAS, the City has notified the Paris Historic Preservation Commission (PHPC) as a potential consulting party, and the PHPC supports the demolition and has chosen not to participate in the consultation; and WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the City has notified the Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with specified documentation, and the ACHP has chosen not to participate in the consultation pursuant to 36 CFR § 800.6(a)(1)(iii); and NOW, THEREFORE, the City and the SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. STIPULATIONS I. RECORDATION OF DWELLING The City shall ensure that the following measures are carried out: A. Prior to demolition of the property, the City shall digitally photograph the Dwelling. The photography shall comply with the requirements of the National Park Service's (NPS's) March 2005 National Register of Historic Places and National Historic Landmarks Survey Photo Policy Expansion and February 2009 Photograph Policy Update or the latest guidance from NPS. 1. Image files shall be saved as uncompressed Tagged Image File Format (TIFF) files on appropriate CD -R media 2. Image shall be 1600x1200 pixels at 300 pixels per inch (ppi) or larger 3. Images shall be saved in an 8-bit or larger color format 4. Images of the Dwelling shall be saved according to NPS's 2009 Photograph Policy Update with a separate photo log created that contains the following information for each image a. Name and address of Dwelling b. Date of photograph c. Name of photographer d. Description of the view, including the direction of the camera 5. Photographic prints of each image shall be provided. Prints shall be 4"x6" or larger and must meet NPS's 75 year permanence standard B. Images taken of the Dwelling shall include: 1. One (1) view of each facade 2. Two (2) oblique views, taken from opposing corners to show all facades 3. One (1) contextual view; and 4. Additional images of exterior character -defining features, outbuildings, or other exterior elements as necessary C. The City shall submit one CD -R containing the digital images, a photo log, and photographic prints to SHPO for review and approval. SHPO shall advise the City within 30 days of the receipt if the submitted documentation is satisfactory or request specific revisions. SHPO shall also advise the City if any revised documentation is to be submitted to SHPO for a second 30 -day review. Upon acceptance by SHPO, the demolition of the Dwelling may proceed. D. The City shall provide a final copy of the completed documentation to a local repository determined in consultation with the SHPO. II. ARCHITECTURAL SALVAGE A. The contractor will consider the salvage and potential reuse of historic character defining materials where the project budget allows and with the permission of the property owner. III. DURATION This MOA will expire if its terms are not carried out within two (2) years from the date of its execution. Prior to such time, the City may consult with the other signatories to reconsider the terms of the MOA and amend it in accordance with Stipulation VI below. 2 IV. MONITORING AND REPORTING Upon completion of the undertaking, the City shall provide the SHPO a summary report detailing work undertaking pursuant to the terms of this MOA. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes or objections received in the City's efforts to carry out the terms of this MOA. V. DISPUTE RESOLUTION Should any signatory or concurring party to this MOA object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, the City shall consult with such party to resolve the objection. If the City determines that such objection cannot be resolved, the City shall: A. Forward all documentation relevant to the dispute, including the City's proposed resolution, to the ACNP. The ACNP shall provide the City with its advice on the resolution of the objection within thirty (30) days of receiving adequate documentation. Prior to reaching a final decision on the dispute, the City shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the ACNP, signatories and concurring parties, and provide them with a copy ofthis written response. The City will then proceed according to its final decision. B. If the ACNP does not provide its advice regarding the dispute within the thirty (30) day time -period, the City may make a final decision on the dispute and proceed accordingly. Prior to reaching such a final decision, the City shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA, and provide them and the ACNP with a copy of such written response. C. The City's responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. VI. AMENDMENTS This MOA may be amended when such an amendment is agreed to in writing by all signatories. The amendment will be effective on the date a copy signed by all of the signatories is filed with the ACNP. VII. TERMINATION If any signatory to this MOA determines that its terms will not or cannot be carried out, that party shall immediately consult with the other signatories to attempt to develop an amendment per Stipulation VI, above. If within thirty (30) days (or another time period agreed to by all signatories) an amendment cannot be reached, any signatory may terminate the MOA upon written notification to the other signatories. Once the MOA is terminated, and prior to work continuing on the undertaking, the City must either (a) execute an MOA pursuant to 36 CFR § 800.6 or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR § 800.7. The City shall notify the signatories as to the course of action it will pursue. Execution of this MOA by the City and SBPO and implementation of its terms evidence that City has taken into account the effects of this undertaking on historic properties and afforded the ACNP an opportunity to comment. SIGNATORIES: City of Paris Date Grayson Path, City Manager Texas Historical Commission as the State Historic Preservation Officer Date Mark Wolfe, Executive Director INVITED SIGNATORIES: Texas Department of Housing and Community Affairs Jaclyn Leasure, Environmental Specialist Date CONCURRING PARTIES: Paris Historic Preservation Commission (PHPC) Chris Dux, Board Chairman Date Notes: * This document assumes that the term "signatory" has been defined in the agreement to include both signatories and invited signatories. ** Remember that the agency must submit a copy of the executed MOA, along with the documentation specified in Section 800.110, to the ACNP prior to approving the undertaking in order to meet the requirements of Section 106 36 CFR § 800.6(b)(1)(iv).